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Amended Indictment

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Amended Indictment THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA CASE NO. IT-95-14/2 THE PROSECUTOR v. Dario KORDIC Mario CERKEZ AMENDED INDICTMENT The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the International Criminal Tribunal for the former Yugoslavia ("The Statute of the Tribunal"), charges: Dario KORDIC Mario CERKEZ with Crimes Against Humanity, Grave Breaches of the Geneva Conventions and Violations of the Laws or Customs of War. BACKGROUND 1. The events alleged in this indictment took place against the background of the break-up of the former Yugoslavia. The Republic of Croatia declared its independence on 25 June 1991, the implementation of which was suspended until 8 October 1991. The Republic of Croatia was recognized by the European Community on 15 January 1992, and admitted by the United Nations as a member State on 22 May 1992. The Republic of Bosnia and Herzegovina declared its independence on 3 March 1992, and was recognized by the European Community on 6 April 1992, and admitted by the United Nations as a member State on 22 May 1992. 2. At times relevant to the indictment, the Croatian Democratic Union (the "HDZ") was a principal and influential political party in Croatia. Some of the HDZ’s stated goals were to establish "the sovereignty of the Croatian people" and their "inalienable right to self-determination -- including the right to secession -- of the entire Croatian nation inside its historical and natural borders," and to promote "the economic and spiritual association between . Croatia and . Bosnia and Herzegovina, which comprise (or constitute) a natural, inseparable geopolitical entity and whose historical fate (or destiny) is directed toward partnership." 3. At times relevant to the indictment, the Croatian Democratic Union of Bosnia and Herzegovina (the "HDZ-BiH") was a principal Bosnian Croat political party in the Republic of Bosnia and Herzegovina. Among the HDZ-BiH’s stated goals were "securing the right of the Croatian people to self-determination, including the right to secession . ." 4. The Croatian Community of Herceg-Bosna (the "HZ H-B") proclaimed its existence on 18 November 1991, claiming to be a separate or distinct "political, cultural, economic and territorial whole," in the territory of Bosnia and Herzegovina. Among its purposes was the establishment of closer ties to or a union with Croatia, as evidenced by the HZ H-B’s use of Croatian currency, the Croatian language and the granting of Croatian citizenship by Croatia to Bosnian Croats. The HZ H- B’s Presidency included a President, two Vice Presidents and a Secretary. The Presidency’s powers included the appointment of executive and administrative authorities. On 28 August 1993, the HZ H- B declared itself the Croatian Republic of Herceg-Bosna ("HR H-B"), with its two principal officers being a President and a single Vice President. Neither the HZ H-B nor the HR H-B were ever recognized by the international community, and the HZ H-B was declared illegal by the constitutional court of Bosnia and Herzegovina on or about 14 September 1992. 5. By Article 2 of the 18 November 1991 Decision on the Establishment of the HZ H-B, the HZ H-B (and later the HR H-B) consisted of the following muncipalities in the territory of Bosnia and Herzegovina: Jajce, Kresevo, Busovaca, Vitez, Novi Travnik, Travnik, Kiseljak, Fojnica, Skender Vakuf (Dobretici), Kakanj, Vares, Kotor Varos, Tomislavgrad, Livno, Kupres, Bugojno, Gornji Vakuf, Prozor, Konjic, Jablanica, Posusje, Mostar, Siroki Brijeg, Grude, Ljubuski, Citluk, Capljina, Neum, Stolac and Trebinje (Ravno). By virtue of Article 4 of the same Decision, the municipality of Zepce was added to the HZ H-B/HR H-B in about October 1992. 6. The Croatian Defence Council (the "HVO") was established in or about April 1992, and was the HZ H-B’s and HR H-B’s supreme executive, administrative and defence authority. The creation of municipal HVOs was authorized and such HVOs were subsequently established beginning in or about June 1992, as the municipal executive and military power. The HVO and every HVO member were subject and accountable to the HZ H-B Presidency, which in turn executed its powers and objectives through the HVO. 7. From approximately November 1991 to March 1994, various persons and groups associated or directed, instigated, supported or aided or abetted by the HDZ, the HDZ-BiH, the HZ H-B/HR H-B and HVO and various of their political, municipal and administrative bodies, armed forces, police, paramilitary and special units, caused, planned, prepared, instigated, supported, directed and engaged in a campaign of persecutions and ethnic cleansing and committed serious violations of international humanitarian law against the Bosnian Muslim population residing in the HZ H-B/HR H-B and the municipality of Zenica, in the territory of Bosnia and Herzegovina. THE ACCUSED AND SUPERIOR AUTHORITY Dario KORDIC 8. Dario KORDIC, son of Pero, was born on 14 December 1960 in Sarajevo, in the Republic of Bosnia and Herzegovina. He studied at the University of Sarajevo, where he concentrated on political science, and then worked as a journalist. 9. Dario KORDIC was an active member of the HDZ-BiH and rose to positions of increasing power, authority and influence in the Bosnian Croat leadership. He was part of the highest circle of political and military leaders in the HDZ-BiH, the HZ H-B, the HR H-B and HVO. In 1991, Dario KORDIC was named President of the HDZ-BiH in the municipality of Busovaca and also President of the Travnik Regional Community. As President of the Travnik Regional Community, Dario KORDIC co-chaired a meeting of the HDZ-BiH on 12 November 1991, where it was declared that "the Croatian people in Bosnia and Herzegovina finally has to start conducting a decisive and active policy which should bring about the realisation of our eternal dream -- a joint Croatian state." Several days later, on 18 November 1991, Dario KORDIC was one of the leaders who signed the Decision establishing the HZ H-B and became one its two Vice Presidents, in which position he continued until approximately August 1993. By virtue of his position as a Vice President, Dario KORDIC was also a member of the HZ H-B Presidency, which also functioned as the HZ H-B’s legislative body. When the HR H-B was declared in August 1993, Dario KORDIC was named Vice President, in which position he continued at times relevant to the indictment. Beginning on or about 10 July 1994, he became President of the HDZ-BiH. At times relevant to the indictment, Dario KORDIC represented himself and was regarded by others as a senior HVO official, and signed orders and documents as a senior HVO official. By his roles and positions, Dario KORDIC exercised power. command and authority in, over and through the HVO and its activities and operations. 10. Dario KORDIC, by virtue of his various offices, positions and authorities, his relationships with key Croatian and Bosnian Croat leadership figures and his political and military power in the HZ-HB/HR H-B, exerted power, influence and control over the political and military aims and operations of the HDZ-BiH, the HZ H-B, the HR H-B and HVO. Dario KORDIC demonstrated power, influence, authority and control on numerous occasions and in numerous ways including, by example, making policy and strategic decisions, negotiating cease-fire agreements on behalf of the HVO, issuing orders that were directly or indirectly of a military nature or consequence, representing himself as a HVO Colonel, Vice President or other senior HVO official, dressing in military attire, having a military operations room in his office at the PTT building in Busovaca, countermanding cease-fire agreements when the terms were not suitable to him, appointing and dismissing persons to or from various offices, jobs and positions, issuing orders for the arrest or release of influential Muslims detained by the HVO, authorizing travel and freedom of movement through various HVO-controlled territories, obtaining the release of stolen or seized vehicles or property, and negotiating the passage of relief convoys or United Nations vehicles through various checkpoints. Mario CERKEZ 11. Mario CERKEZ, son of Tugomir, was born on 27 March 1959 in the village of Rijeka, municipality of Vitez, in the Republic of Bosnia and Herzegovina. Mario CERKEZ worked as a car mechanic and a clerk at the SPS Factory. 12. Mario CERKEZ became the commander of the HVO brigade in or about the municipality of Vitez (the "HVO Vitez Brigade") in 1992, and he remained in such position at all times relevant to the charges in this indictment. His position within the HVO meant that he was under the command of Tihomir BLASKIC, who was then the HVO Central Bosnia Operative Zone Commander. Mario CERKEZ's authority and duties as a commander are set forth in the Decree on the Armed Forces of the Croatian Community of Herceg-Bosna, dated 17 October 1992, which provides that a commander in his position was responsible for the combat readiness of the troops under his command and the mobilisation of the armed forces and police units, and had the authority to appoint and dismiss commanders. 13. At all times relevant to the charges in this indictment, Mario CERKEZ, by virtue of the positions and authority described above, demonstrated or exercised his control in military matters in a variety of ways including, by example, negotiating cease-fire agreements with opposing civil and military figures from within the Muslim community, negotiating with United Nations officials, issuing orders to deploy troops and other units under his command and controlling the detention and treatment of detained civilians.
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